Dáil Éireann díospóireacht -
Tuesday, 9 Dec 2003

Vol. 576 No. 5

Child Abuse.

Mr. Neville:

I thank the Ceann Comhairle and the Leas-Ceann Comhairle for allowing me to raise this issue.

Following last night's shocking revelations regarding the extent of Internet child abuse, I call on the Minister of State and his Department immediately to investigate this urgent matter with the involvement of the Department of Justice, Equality and Law Reform. The "Prime Time" programme, "Crime Against Children" was deeply disturbing and is a wake-up call for parents, teachers, the Garda, public representatives and the Departments of Health and Children, Justice, Equality and Law Reform and all who are concerned about child protection issues.

The Garda must be given the resources immediately to investigate this possible Irish paedophile ring which is supplying horrific images of child rape and torture in Internet chat rooms. What is most disturbing is that many of the child porn images are being traded by paedophiles who offer their own images in exchange for those of other paedophiles. To do this, they must create their own images and therefore involve themselves in very serious child sex abuse.

While we know it is a criminal offence to download child pornography, can the Minister of State tell us whether it is a criminal offence to trade in child pornography? Children from all over the world, including Ireland, are being filmed and photographed while being abused for the gratification of a small number of dangerous individuals. Revealing the extent to which this behaviour is carried out in Ireland, "Prime Time" identified 105 Irish paedophiles during a three month investigation. That is more than were charged under the Garda's Operation Amethyst, which deals with criminal activity in this area. Research indicates that approximately 20% of those who download Internet child pornography also abuse children outside the Internet. This reinforces the argument for strengthening our resources to tackle the problem of Internet child pornography. I call on the Minister of State to inform the House what resources have been put in place to tackle this horrific abuse of innocent children. How many gardaí are employed in the sexual assault unit and how many of those are dedicated to tackling Internet child pornography? How many Irish paedophile rings which trade in pornographic images on the Internet have been discovered and have any successful prosecutions been brought?

Protecting our children must be a priority and we must also look at the wider issues which are related to sexual and physical abuse of children on the Internet. International studies have demonstrated the far-reaching effects of child sexual abuse. It is a horrific crime which destroys a person's life. People who have been abused in this manner suffer very low self-esteem, are very often suicidal, suffer from chronic depression, have difficulty maintaining relationships and their life opportunities have been totally destroyed because of the experience of their abuse. In some cases, victims can go on to be offenders later in life. The area of child offences has not been properly tackled in Ireland.

The sex offenders register is growing four times faster than that in the UK. There are now up to 500 people on the Irish register and it is growing by approximately 20 people per month. The figures clearly indicate that significant numbers of people represent a real on-going risk to children. Society is obliged to ensure that all possible safeguards are introduced to protect children. Last night's programme demonstrates that we are not doing this in a proper fashion and it shows either a lack of resources or a lack of will to tackle the problem.

Mr. T. O'Malley:

I thank Deputy Neville for raising this matter on the Adjournment. I am deputising tonight for the Minister for Justice, Equality and Law Reform who is aware of last night's television programme and shares the concerns which have been expressed by the Deputy about this type of crime. This is an issue of concern, not just to the Government, but to all of us who are parents and right-thinking people.

In October 2002, the Garda Commissioner established the paedophile investigation unit which is located within the domestic violence and sexual assault unit based at the national bureau of criminal investigation in Harcourt Square. This specialised unit is charged with investigating and co-ordinating cases relating to alleged child abuse and the possession, distribution and production of child pornography. It investigates allegations brought to its attention by Interpol, Europol, external police forces and through the Internet advisory board hotline, as well as reports from concerned members of the public. The unit is also proactive in monitoring Internet chatrooms and strives to maintain best practice in the investigation of child pornography with an emphasis on Internet investigations.

I understand from the Garda authorities that the unit has approximately 40 cases on hand at present. The Garda will fully investigate the allegations outlined in last evening's programme. However, other than a small number of successfully prosecuted cases, there is no evidence currently available to the paedophile investigation unit that pornographic material is being made in Ireland to facilitate trading.

The domestic violence and sexual assault unit, which was established in 1993, continues to act as a resource to investigating gardaí throughout the State in the investigation of sexual crimes. Even prior to its establishment, members of the dedicated paedophile investigation unit had already developed considerable experience and expertise in all aspects of paedophile activity and Internet crime.

As the House will be aware, the deployment of Garda resources is a matter for the Garda Commissioner. I am satisfied that the Commissioner keeps all aspects of Garda operations and resource requirements under constant review and responds to developments in criminal activity in deploying his resources. The Garda Síochána has been involved in a number of international criminal investigations into paedophile activity. These cases have also involved the police forces of Germany, the UK, Belgium, the Netherlands and the USA. As Internet paedophile crime is a global issue, it can only be tackled effectively through close international police co-operation on intelligence and investigation.

Interpol, based in Lyon, France, is working together with Europol, based in the Hague, to develop a child pornography database, containing all seized child abuse images world-wide. This will assist national police forces in the identification of victims of paedophile activity and minimise duplication of effort on criminal investigations internationally. The Garda Síochána plays an active role in the working groups of these organisations.

The Deputy mentioned Operation Amethyst. On 27 May 2002, the Garda carried out a co-ordinated search of over 100 houses and premises for breaches of the Child Trafficking and Pornography Act 1998. The information originated in Texas and was supplied by the Dallas police and the US postal service, via Interpol, to Ireland. Images of child abuse were seized, and a number of people were charged and convicted of possession of the images. A total of 124 persons were charged with possession of child pornography offences in 2002 and a number are still before the courts.

I understand that the Irish Society for the Prevention of Cruelty to Children has called for the strengthening of our current legislation. However, I must point out that the penalty structure in the Child Trafficking and Pornography Act 1998 is recognised internationally as one of the most severe, if not the most severe, in any jurisdiction. Section 6 of the Act provides for a maximum penalty on summary conviction for knowingly possessing child pornography of a fine not exceeding €1,904 or imprisonment for up to 12 months or both. If charges are brought on indictment, a convicted person can be subject to a fine not exceeding €6,348 or imprisonment for up to five years or both. Section 5 contains even stronger measures in that it makes it an offence, inter alia, to knowingly produce, distribute, print, publish, import, export, sell or show child pornography. A person found guilty of such an offence is liable on summary conviction to a fine not exceeding €1,904 or to imprisonment for up to 12 months or both. Again, if convicted on indictment, the penalties are even more severe in that the offender may be subject to an unlimited fine or to imprisonment for up to 14 years or both. Furthermore, a person who, having the custody, charge or care of a child, allows that child to be used for the production of child pornography commits an offence which can only be dealt with by way of indictment, with the offender being subject to a fine not exceeding €31,743 or to imprisonment for up to 14 years or both.

As already stated, the Act is generally held up as model legislation and in practice is deemed to be working well. Nevertheless, if any weaknesses are identified in the legislation, the Minister is willing to examine it with a view to further strengthening the provisions.

Recently there has been a growing recognition that in the investigation of child pornography images, not only must evidence be gathered for the prosecution of the perpetrator but we must also work towards the identification, rescue and rehabilitation of the victims. This is obviously of vital importance as it facilitates the rescue of the child victim, and potential future victims, from further abuse.

I note the Irish Society for the Prevention of Cruelty to Children has properly reminded parents to exercise extreme vigilance concerning their children's use of the Internet. While this type of reprehensible crime did not begin with the Internet, there is no doubt that the new technology, with its ease of communication and perceived anonymity of users, is both a tool that facilitates the rapid dissemination of child abuse images and a mutual support structure that allows paedophiles and other criminals to pool information to avoid discovery, providing in effect new ways to commit old crimes.

As I have outlined, in this jurisdiction there are robust measures at the disposal of the Garda and the criminal justice system to deal with those involved in such activities. However, we must recognise that combating these crimes on-line is a more complex issue, involving multiple jurisdictions and differing legal systems, which requires international police co-operation to constantly identify and develop mutual best practice, together with co-operation from all members of society in reporting our suspicions or knowledge to the Garda to assist it in combating this type of evil activity.

The Dáil adjourned at 11 p.m. until 10.30 a.m. on Wednesday, 10 December 2003.